RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 November 2007
	DOCKET NUMBER:  AR20070008068 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Ms. Catherine C. Mitrano

Director

Mr. Michael L. Engle

Analyst

The following members, a quorum, were present:


Ms. Margaret K. Patterson

Chairperson

Mr. Larry C. Bergquist

Member

Mr. Dale E. DeBruler

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his military records to show award of the Combat Infantryman Badge for his service in the Republic of Vietnam. 

2.  The applicant states that he served in the Republic of Vietnam as a light infantryman and was never awarded the Combat Infantryman Badge.

3.  The applicant provides a copy of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) for the period from 16 May 1968 to 15 February 1970.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  On 16 May 1968, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and the Basic Airborne Course and was awarded military occupational specialty 11B2P (Light Weapons Infantryman with Parachutist qualification).  

3.   On 15 February 1969, the applicant was assigned to the Republic of Vietnam.  On 25 February 1969, he was further assigned for duty as a wheel vehicle mechanic, with Company A, 1st Supply and Transportation Battalion, 1st Infantry Division.  He served in this position until his return to the United States on 13 February 1970.

4.  General Orders Number 246, 1st Infantry Division, dated 7 January 1970, awarded the applicant the Army Commendation Medal for his meritorious service with the 1st Supply and Transportation Company from February 1969 to February 1970. 

5.  On 15 February 1970, the applicant was released from active duty.  He had attained the rank of specialist four, pay grade E-4 and had completed 1 year, 
8 months, and 28 days of creditable active duty.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 for the period ending 15 February 1970, lists his awards as the National Defense Service Medal, Army Commendation Medal, Vietnam Service Medal, and the Republic of Vietnam Campaign Medal.  It does not show award of the Combat Infantryman Badge or any marksmanship qualification badges. 

7.  On 29 January 1971, the applicant enlisted in the Regular Army for 3 years, for duty as an infantryman. 

8.  The applicant requested to be discharged under the provisions of Army Regulation 635-200, chapter 10, for the good of the service, in lieu of court-martial for being absent without leave.   Accordingly, he was issued an Undesirable Discharge Certificate effective 28 September 1972.   He had completed 1 year, 5 months, and 15 days of creditable service during this period.

9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 for the period ending 28 September 1972 lists his awards as "None."

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS).  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  The Awards Branch of the U.S. Army Human Resources Command (formerly known as the Total Army Personnel Command) has advised, in similar cases, that during the Vietnam era, the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

11.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations) specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation specifically stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and the Combat Infantryman Badge is the unique award established to recognize the infantryman and only the infantryman for his service.  Further, “the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat.”  This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry MOS and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

DISCUSSION AND CONCLUSIONS:

The evidence clearly shows that the applicant was awarded an infantryman military occupational specialty.   However, he was assigned for duty as a light vehicle mechanic in a supply and transportation battalion.  There is no evidence showing that he was assigned to an infantry unit of brigade, regimental, or smaller size while assigned in the Republic of Vietnam.  Therefore, his request for award of the Combat Infantryman Badge should not be granted. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

_ DED ___  __MKP__  __LCB  _  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




__     M. K. Patterson ____
          CHAIRPERSON




INDEX

CASE ID
AR20070008068
SUFFIX

RECON
 
DATE BOARDED
20071115 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
107.0111
2.

3.

4.

5.

6.